Becoming A Law Clerk: A Step-By-Step Guide

Law clerks are assistants to judges, solicitors, barristers, or clerks of court. They help with paperwork, legal research, and other administrative tasks. While there are no specific academic requirements to become a law clerk, most judges prefer to hire recent law school graduates with strong writing skills and a solid understanding of various legal areas. The role is highly competitive, and applicants should be prepared for a rigorous selection process, including interviews and writing samples.

Education and qualifications

While there are no specific academic requirements to become a law clerk, most judges require their clerks to be recent law school graduates. This means that aspiring law clerks should aim to obtain a master's degree in law, a specialised legal master's degree (e.g. in public policy or international law), or a Juris Doctor (JD) degree.

In addition to a law degree, law clerks should possess excellent written communication skills and a broad understanding of various areas of law, court procedures, court systems, and jurisdictional rules. They should also be able to demonstrate strong analytical and logical thinking skills, as well as attention to detail.

For those without a formal qualification, it is still possible to work as a law clerk, although this route may offer less chance of success. Informal training may be provided on the job, and a VET qualification or traineeship may improve entry to the occupation.

In the United States, federal judicial clerkships require applicants to have completed a JD degree and be a US citizen. These positions are incredibly competitive and are generally awarded to students with outstanding academic records and professional achievements.

Job applications

When applying for a law clerk position, it's important to note that the competition is fierce, and not all graduates will find a position. Judges have the sole, unchallenged decision-making power over who they hire as clerks, and they set their own hiring criteria. However, there are some general guidelines and steps you can follow to increase your chances of success.

Education and Qualifications

While formal qualifications are not always required, most judges prefer law clerks to have a strong educational background in law. This could include a master's degree in law, a specialized legal master's degree (such as public policy or international law), or a Juris Doctor (JD) degree.

Skills

In addition to your education, you should also highlight any relevant skills you possess. Law clerks need to have excellent written communication skills, strong research and analytical abilities, and a well-rounded understanding of various areas of law, court procedures, court systems, and jurisdictional rules.

Application Process

When applying for a law clerk position, you will typically need to submit a cover letter, resume, writing sample, law school transcript, and letters of recommendation. Here are some tips for each component:

• Cover letter: This is your first opportunity to make an impression on the judge, so it's important to demonstrate your writing skills and express your genuine interest in the specific court, judge, geographic area, or area of law. Focus on why you are a good fit for the position and provide specific examples of your qualifications and experiences.
• Resume: Keep your resume concise, error-free, and conservative in style. Include your education, experience, and any other activities or interests that showcase your personality and fit for the role.
• Writing sample: Choose a sample that reflects your legal analysis and writing abilities, such as a law review article, moot court brief, or a paper written for a law school course. Keep it between 5-10 pages, providing context and a cover page.
• Law school transcript: Most judges will accept an unofficial transcript, but some may request an official one.
• Letters of recommendation: Aim for 3-4 letters from law school faculty or legal employers who can speak to your research, writing, and intellectual abilities.

Interview Process

If you are selected for an interview, the focus will shift from your credentials to your fit with the judge and their team. Treat all staff members with respect and be prepared to answer questions about your long-range career goals, why you are interested in the position, and how your skills and experiences make you a good fit. Be ready to ask thoughtful questions about the role and the court as well.

Additional Tips

• Timing: For federal clerkship applications, adhere to the Federal Hiring Plan by applying in early September. For state courts, application timelines and procedures can vary, so research and plan accordingly.
• Courtesy: It is considered common courtesy to apply to every judge in a particular court. However, be mindful that turning down an offer is generally frowned upon.
• Connections: Utilize your law school's resources, as many top-end schools have counselors who can help connect you with judges. Recommendations and connections can significantly boost your chances of securing a clerkship.

Remember, each judge has their own unique criteria and preferences, so tailor your application and highlight the skills and experiences that align with the specific position you are applying for.

The interview process

Once you have submitted your application for a judicial clerkship, the next step is the interview. This stage focuses on issues of "fit" – all candidates selected for interviews will have the necessary credentials and experience, but the judge is looking for someone they can work with effectively. Interviews typically take place in the judge's chambers, where the judge and their support staff will form impressions of the candidate. It is, therefore, crucial to treat all members of the judge's staff with respect. Remember that clerks are transient, but permanent staff members who have long-standing relationships with the judge are often indispensable and can have a lot of influence on their decision.

Interviews can last anywhere from a few minutes to over an hour. Most judges won't quiz candidates on substantive law, but it's a good idea to be prepared to answer questions about legal issues raised in your law review note, writing sample, or favourite class/area of law. Some judges will ask candidates to speak about a few legal issues they feel strongly about. Try to familiarise yourself with recent or noteworthy cases that have gained national attention or come from the judge's court. Get to know the judge's opinions, dissents, and personal history to help you anticipate areas they may want to discuss. If possible, talk to people who have interviewed with the judge before to get a sense of their style.

You should also expect questions on how a clerkship fits into your long-range career goals. Give some thought to why you are interested in a clerkship, why you want to work for that particular court, and why you want to work for that particular judge. Be prepared to answer questions about these choices and show that you have done your research.

Approach the interview with a game plan. Prepare in advance and identify the key personal characteristics you want to highlight. Focus on things like writing ability, ability to meet deadlines, research ability, time management skills, ability to work independently and as part of a team, judgement, and ability to take constructive criticism.

Remember that this is a conversation, so be prepared to ask the judge questions, too. You might ask about the scope of a judicial clerk's responsibilities, working conditions, the nature of the docket, and how responsibilities are delegated. Make sure your questions are thoughtful and illustrate a genuine interest in the position.

Travel and lodging expenses incurred during the interview process are usually the candidate's responsibility, so carefully select the courts you apply to and don't take on too much in terms of travel time and expense. Once you have scheduled an interview, if you have multiple applications in the same geographic area, it is appropriate to contact several judges to let them know you will be in the area. This may help to reduce your expenses.

Finally, be aware that offers for judicial clerkships are not like other job offers. Many judges expect an answer on the spot, or at least within 24 hours. Requests for an extension may not be looked upon favourably. Only apply to and interview with a judge if you are willing to immediately accept an offer from them. If you interview with a judge and don't think you would accept an offer from them, call or write to have your name removed from consideration, rather than waiting until an offer is made and then declining.

Salary expectations

At the state level, law clerks earned an average of $47,240 ($22.71 per hour), while at the local level, they earned $42,310 ($20.34 per hour). The average salary for law clerks in Connecticut was the highest at $53,760, followed by Rhode Island at $52,980.

The salary for judicial clerks, a type of law clerk, depends on the court, legal work experience, and bar membership. Salaries typically fall in the low $30,000 to mid-$50,000 range, with a median salary of around $54,000. Law firms often offer higher salaries to former judicial clerks, considering them as second or third-year associates.

Day-to-day tasks

• Legal research: This involves researching legal practices, case law, and applicable laws to assist judges and lawyers in their work.
• Drafting documents: Law clerks may be responsible for drafting legal memoranda, court opinions, trial briefs, and other legal documents.
• Administrative tasks: Maintaining the docket, assembling documents, managing trust funds, and other administrative duties are often handled by law clerks.
• Courtroom assistance: Law clerks may assist judges during courtroom proceedings by managing exhibits, swearing in witnesses, and recording proceedings.
• Communication with counsel: Law clerks may be tasked with communicating with attorneys and witnesses regarding case management, procedural requirements, and other matters.
• Proofreading and cite-checking: Law clerks review the judge's orders and opinions for accuracy and proper citation.
• Assisting with contracts and common law matters: Law clerks can help legal representatives with contract finalisation, common law issues, certifications, and other legal practice concerns.
• Assisting with settlements: This includes attending settlements for the purchase or sale of land and assisting with the preparation of briefing papers for barristers.
• Filling out and lodging forms: Law clerks ensure that the necessary forms are completed and lodged with the relevant government offices or courts.
• Assisting with bookkeeping: Law clerks may help with maintaining bookkeeping records and financial management.
• Providing information to clients: Law clerks may assist clients by explaining legal processes, statutory information, and other relevant details.
• Managing courtrooms: Ensuring that all present maintain order in the courtroom or hearing room is a responsibility that may fall to law clerks.
• Summoning jury and witnesses: Preparing and summoning jury and witness lists, as well as swearing them in, is an important part of the law clerk's role.
• Processing and serving court documents: This includes serving summonses, subpoenas, eviction notices, and other court action documents.
• Advising on legal matters: Law clerks may provide advice on legal matters, set up entitlement claims, and allocate resources.

Frequently asked questions